The 2023 Florida Statutes (including Special Session C)
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. . . Stat., as well as under Florida's survival statute, § 46.021, Fla. Stat. (Doc. 178 at 5-7). . . . survive and may be commenced, prosecuted, and defended in the name of the person prescribed by law." § 46.021 . . . statutory wrongful death action for the personal injury action that would otherwise survive under section 46.021 . . . lawsuit for death-resulting personal injuries cannot be brought as a survival action under Section 46.021 . . .
. . . See § 46.021, Fla. Stat. (2016) ; Levy v. . . .
. . . See § 46.021, Fla. Stat. ("No cause of action dies with the person. . . .
. . . alternative survival claim is dubbed a "survival” claim due to the survival action statute, section 46.021 . . .
. . . . § 46.021 (“[n]o cause of action dies with the person”), the personal representative could bring suit . . . Thus, unlike the former separate survival action under Fla, Stat. § 46.021, the FWDA does not provide . . . Stat. § 46.021, for the decedent’s pre-death injuries); see id. at 770 n.18 (noting that this general . . . Stat. § 46.021 (2015) (“No cause of action dies with the person.”) (History — s.30, Nov. 23, 1828). . . .
. . . . § 46.021. . . .
. . . . § 46.021; see also Martin, 314 So.2d at 767. . . .
. . . . § 46.021, and a suit brought under the Wrongful Death Act, Fla. Stat. § 768.19. . . .
. . . . § 46.021; Smith v. Lusk, 356 So.2d 1309, 1311 (Fla.2d Dist.Ct.App.1978). . . .
. . . . § 46.021 (“No cause of action dies with the person. . . .
. . . See § 46.021, Fla. Stat. (2005). . . .
. . . unrelated to smoking cigarettes, Plaintiff asserts a claim for survival damages pursuant to Section 46.021 . . . the possibility that Plaintiff may have an alternative claim for survival damages pursuant to Section 46.021 . . . Further, the personal injury action could not be dismissed based upon section 46.021, Florida Statutes . . . the trial court would never be able to resolve this action by correctly applying sections 768.20 and 46.021 . . . Section 46.021, titled “Actions; surviving death of party,” provides: No cause of action dies with the . . .
. . . caused the resident’s death, the claimant is “required to elect either survival damages pursuant to s. 46.021 . . . Section 46.021 provides that “[n]o cause of action dies with the person. . . . .” § 46.021, Fla. Stat. (2008). . . .
. . . . § 46.021; Cameron v. . . .
. . . . § 46.021 (2011); see also Nguyen v. U.S. . . . Sept. 1, 2005) (Applying § 46.021 to allow survival of cause of action against deceased defendant). . . .
. . . action to be abated under section 768.20, and the action [could not] be dismissed in light of section 46.021 . . . the trial court would never be able to resolve this action by correctly applying sections 768.20 and 46.021 . . . Section 46.021, Florida Statutes (2002-2008), addresses, generally, the survival of claims outside of . . . lawsuit for death-resulting personal injuries cannot be brought as a survival action under [sjection 46.021 . . .
. . . survival action,” although he made no effort “to amend the complaint by adding a reference to Section 46.021 . . . Williams’s failure to amend his complaint to include a “specific reference to reliance on Section 46.021 . . . Stat. § 46.021 (2011) ("Florida's Survival Statute” or "Survival Statute” or "Section 46.021”). . . . .
. . . statutory wrongful death action for the personal injury action that would otherwise survive under section 46.021 . . .
. . . statutory wrongful death action for the personal injury action that would otherwise survive under section 46.021 . . . statutoiy wrongful death action for the personal injuiy action that would otherwise survive under § 46.021 . . .
. . . death of the resident, the claimant shall be required to elect either survival damages pursuant to s. 46.021 . . .
. . . Section 46.021, Florida Statutes, provides that “[n]o cause of action dies with the person. . . . statutory wrongful death action for the personal injury action that would otherwise survive under section 46.021 . . .
. . . . § 46.021 (West 2005). . . . Stevens’s death, pursuant to Section 46.021 of the Florida Statutes, and his estate is, therefore, entitled . . .
. . . See §§ 46.021, 768.20, Fla. Stat. (2002); Niemi v. . . .
. . . . § 46.021, a characterization which Plaintiffs have not disputed. . . .
. . . The third, a survivorship claim, brought under section 46.021, Florida Statutes, was dismissed during . . .
. . . actions for nursing home negligence which does not cause the resident’s death is to nullify section 46.021 . . . Moreover, section 400.023(1) was enacted long after section 46.021 and I do not see how the two can be . . . See § 46.021, Fla. Stat. (1997) (“Survival Statute”); §§ 768.16-768.27, Fla. . . . Such a result appears to conflict with the purpose of section 46.021, which .clearly provides that all . . . Thus, section 400.023(1) does not necessarily conflict with section 46.021. . . . At the time section 400.023 became operative, section 46.021 had been in effect as Florida’s survival . . . Unchanged today, section 46.021 provides: No cause of action dies with the person. . . . . § 46.021, Fla. Stat. (2001). . . . of the Florida Statutes, which provides that “no cause of action dies with the person.” § 46.021, Fla . . . See § 46.021, Fla. Stat. (2002). . . . lawsuit for death-resulting personal injuries cannot be brought as a survival action under Section 46.021 . . .
. . . . § 46.021, Fla. Stat. . . .
. . . However, section 46.021, Florida Statutes (2002), has long overridden the common law. . . . Section 46.021 states: “No cause of action dies with the person. . . . statutory wrongful death action for the personal injury action that would otherwise survive under section 46.021 . . . injury action to be abated under section 768.20, and the action cannot be dismissed in light of section 46.021 . . . the trial court would never be able to resolve this action by correctly applying sections 768.20 and 46.021 . . .
. . . I of the complaint asserted a statutory deprivation and infringement of rights pursuant to section 46.021 . . .
. . . Section 46.021, Florida Statutes (1997), also known as the "survival statute,” provides: "No cause of . . .
. . . . § 46.021, assuming there is a claim to prosecute. Secondly—and as an analogue to whether Ms. . . .
. . . death of the resident, the claimant shall be required to elect either survival damages pursuant to s. 46.021 . . . Stat. § 400.023(1), Plaintiff Thompson, is “required to elect either survival damages pursuant to s. 46.021 . . . Stat. § 46.021.” [Docket No. 7 ¶ 10]. . . .
. . . The majority in Greenfield read section 400.023(1) in pari materia with section 46.021, Florida Statutes . . . actions for nursing home negligence which does not cause the resident’s death is to nullify section 46.021 . . . Moreover, section 400.023(1) was enacted long after section 46.021 and I do not see how the two can be . . . is unequivocal on the specific subject to which it speaks, it need not be “harmonized” with section 46.021 . . .
. . . While section 46.021, Florida Statutes, does provide that no cause of action dies with the claimant, . . .
. . . Moreover, section 400.023(1) was enacted long after section 46.021 and I do not see how the two can be . . . hand, we do not think that such an interpretation was intended by the Legislature in light of section 46.021 . . . actions for nursing home negligence which does not cause the resident’s death is to nullify section 46.021 . . . Wrongful Death Act applies; when death results from an independent cause, claim is preserved by section 46.021 . . . , we hold that section 400.023, Florida Statutes (1993), must be read in pari mate-ria with section 46.021 . . .
. . . While section 46.021, Florida Statutes, does provide that no cause of action dies with the claimant, . . .
. . . Death Act, sections 768.16 — .27, Florida Statutes (1991), rather than by the survival statute, section 46.021 . . . .27 do not provide for an award of damages for the decedent’s physical and mental pain but section 46.021 . . .
. . . . § 46.021 (causes of action do not die with the person but may be prosecuted in the name of the person . . .
. . . F.S. 768.01 (1971), superseded by F.S. 768.16-.27 (1973). .F.S. 45.11 (1965), as amended, F.S. 46.021 . . .
. . . results from an independent cause, such a claim is preserved by the survival of actions statute, section 46.021 . . .
. . . Section 46.021, Florida Statutes; see also Taylor v. . . .
. . . .; see § 46.021, Fla.Stat. (1989). . . .
. . . . § 46.021, as well as the Florida common law tort of civil conspiracy, is that all three actions must . . . Fla.Stat. § 46.021. . . . .
. . . See Fla.R.Civ.P. 1.260; see also § 46.021, Fla.Stat. (1987). . . . Wilson’s claim to the $21,970 devolved upon his estate, see § 46.021, Fla.Stat. (1987); see also Fla.R.Civ.P . . .
. . . law rule that personal causes of action die with the person has been generally abrogated by section 46.021 . . .
. . . He pursued the survival action under section 46.021, Florida Statutes (1987). . . .
. . . . § 46.021. . . .
. . . BARKETT and KOGAN, JJ., concur. 46.021 Actions; surviving death of party. — No cause of action dies with . . .
. . . See §§ 733.612(20), 46.021, Fla.Stat. (1985). . . .
. . . Appellee asserts that, if a cause of action exists at all, it is under the survival statute, Section 46.021 . . .
. . . recovered by a personal representative under Florida’s survival statute, then section 45.11, now section 46.021 . . . So interpreted, section 46.021 is an abrogation of the common law in regard to punitive damages against . . . Section 46.021, Florida Statutes (1985), provides: Actions; surviving death of party. — No cause of action . . .
. . . . § 46.021 (1983). . The motion for summary judgment is not in the record. . . .
. . . survival action, although no effort has been made to amend the complaint by adding a reference to Section 46.021 . . . We agree that the absence of a specific reference in the complaint to reliance on Section 46.021, Florida . . . lawsuit for death-resulting personal injuries cannot be brought as a survival action under Section 46.021 . . .
. . . Systems for Security, Inc., 400 So.2d 110 (Fla. 3d DCA 1981); §§ 46.021, 734.101, Fla.Stat. (1977); Fla.R.Civ.P . . .
. . . . § 46.021, Fla.Stat. (1981). . . .
. . . pursuant to Section 768.02, Florida Statutes (1971) and for survivorship damages pursuant to Section 46.021 . . .
. . . . § 46.021, Fla.Stat. (1979). . . . .
. . . Count I was an action pursuant to Section 46.021, Florida Statutes (1975), commonly referred to as “The . . . Thereafter, appellees moved to dismiss Count I on the ground that Section 46.021 was impliedly abolished . . . Section 46.021, Florida Statutes (1975), provides in part: “Actions; surviving death of party. — No cause . . . action pending at the time of death shall abate and, thus, this language impliedly abolishes Section 46.021 . . .
. . . .-01-768.03, Florida Statutes (1970), and the former survivorship statute, Section 46.021, Florida Statutes . . .
. . . Section 45.11, Florida Statutes (1965, as amended), Section 46.021, Florida Statutes (1971). . . .
. . . reasonable alternative to dividing among the survivors the amount formerly recoverable under Section 46.021 . . .
. . . . § 46.021; Ga.Code Ann. § 3-505; La.Civ.Code Ann. . . .
. . . under the common law in tort and another under the old wrongful death statutes, F.S. 768.02 and F.S. 46.021 . . .
. . . mental pain and grief sustained prior to their death, pursuant to the Florida Survival Statute, Section 46.021 . . . (d) Ten Thousand dollars to each of the Levins’ estates under the Florida Survival Statute, Section 46.021 . . . of the two decedents prior to death were awarded below under the Florida Survival Statute, Section 46.021 . . . estates from alleging a cause of action in the pendent claims under the Florida Survival Act, Sec. 46.021 . . . sequence of impact followed by pain and suffering is at the heart of the Florida Survival Statute, section 46.021 . . .
. . . . §§ 768.03 and 46.021 (1971). . . .
. . . Jolly, deceased, under the survival statute, § 46.021, Fla.Stat., and by Frank M. . . .
. . . Sec. 46.021, F.S.1971. . . .
. . . Supreme Court in the aforementioned case held that the provisions of the Survival Statute, Section 46.021 . . .
. . . . § 46.021 (1971). . . . Stat. §§ 768.01-768.03 (1971), and the Sur-vivorship Statute, Pla.Stat. § 46.021 (1971), the “new” Wrongful . . .
. . . damages in her capacity as administratrix pursuant to the Survival and Wrongful Death Statutes [§§ 46.021 . . .
. . . referred to as plaintiff, brought an action under former Florida Statute 768.01-02 and Florida Statute 46.021 . . .
. . . determine whether the new Act has constitutionally eliminated claims under the survival statute, Section 46.021 . . . lawsuit for death-resulting personal injuries cannot be brought as a survival action under Section 46.021 . . . incorporate into the new Wrongful Death Act the survival action formerly maintainable under Section 46.021 . . . punitive damages in wrongful death situations and (2) the language of the survival statute, Section 46.021 . . . In her survival action complaint under Section 46.021, appellant alleged that United Security had hired . . .
. . . . § 46.021 (1969), Bums’ Ind.Ann.Stat. § 2-403 (repl.ed.1967), Mich.Ann.Stat. § 27A.2921 (rev.1962), . . .
. . . commenced under the wrongful death statute, former F.S. 768.01-768.02, and the survival statute, F.S. 46.021 . . .
. . . Note Section 46.021, F.S. . Ellis v. . . .
. . . and suffering still a compensable element of damage recoverable under Florida Statute 45.11 [now § 46.021 . . .
. . . A separate right of action exists under the Survival Statute, § 46.021, Florida Statutes, F.S. . . .
. . . . § 46.021 (1971) may not be maintained. . . .
. . . . § 46.021, F.S.A. . Hargrove v. Town of Cocoa Beach, 96 So.2d 130 (Fla.1957). . . . .
. . . Section 46.021, F.S.A., and the Wrongful Death Statute, F.S. Chapter 768, F.S.A. . . .
. . . . § 46.021, F.S. . . .
. . . The appellee contends that because of § 46.021, Fla.Stat., F.S.A. for survival of actions generally, . . .
. . . Section 46.021, F.S.A., for medical treatment, bodily injury, pain and suffering of decedent. . . .
. . . Miami by the administratrix of the estate of Ejester Cleveland, deceased, under the survival act, § 46.021 . . .
. . . Freada Gilbert’s personal representative, brought pursuant to the provisions of Florida Statutes § 46.021 . . .
. . . 02, F.S.A., and the other, as administrator of the estate, under the Florida Survival Statute, F.S. 46.021 . . .
. . . Stat., § 46.021, F.S.A.), by the daughter of Menda Marie Hill as administratrix of her mother’s estate . . .
. . . determines the right to punitive damages in an action based upon the survival of actions pursuant to Section 46.021 . . . daughter; and, (2), as the administrator of Kay’s estate under Fla.Stat. §' 45.11 (1965) [now Fla.Stat. § 46.021 . . . by the personal representative of the deceased injured party under Fla.Stat. § 45.11 (1965) [now § 46.021 . . . It holds punitive damages recoverable under § 45.11. § 45.11 was amended in 1967 to § 46.021, and it . . . The clear language of § 45.11 [now § 46.021 (1967)], “No * * * action shall die with the person * * * . . .
. . . the record this suit was referred to as a survival action, under Section 45.11, F.S.1965 (now Section 46.021 . . .
. . . brought under the wrongful death act (§§ 768.01 and 768.02 Fla.Stat., F.S.A.) and survival statute (§ 46.021 . . .
. . . After filing this suit the plaintiff died and his administrator moved for substitution under Section 46.021 . . . Survival of the action seems clearly consonant with Section 46.021, Florida Statutes, F.S.A., which says . . .
. . . It now states: Ҥ 46.021 Actions; surviving death of party Xo cause of action dies with the person. . . .
. . . the personal representative’s claim under the survival statute, Section 45.11, F.S.1963 (now Section 46.021 . . .
. . . and as administrator of the estate of his deceased wife, under the survival statute, § 45.11, now § 46.021 . . .
. . . F.S.A., and in a separate suit, sought damages as adminis-tratrix of his estate, under § 45.11, now § 46.021 . . .
. . . be awarded, punitive damages are recoverable under the Florida Survival Act, § 45.11 (1965) (now § 46.021 . . .
. . . . § 46.021 (1967), F.S.A. . . .